Brown v. United States of America, et al.

Filing 58

ORDER Denying Request For Subpoena, Without Prejudice (Doc. 57 ), signed by Magistrate Judge Gary S. Austin on 4/11/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH A. BROWN,

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Plaintiff,

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1:12-cv-00165-AWI-GSA-PC
ORDER DENYING REQUEST FOR
SUBPOENA, WITHOUT PREJUDICE
(Doc. 57.)

vs.
UNITED STATES OF AMERICA, et al.,

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Defendants.

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Joseph A. Brown ("Plaintiff") is a federal prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388

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(1971). Plaintiff filed this case on February 6, 2012. (Doc. 1.) On March 3, 2014, Plaintiff

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filed the Fifth Amended Complaint, which awaits the requisite screening by the court. (Doc.

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55.)

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On April 10, 2014, Plaintiff filed a request for the court to send him a subpoena form.

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(Doc. 57.) Discovery is not yet open in this action. Plaintiff is advised that the court will issue

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a scheduling order setting a schedule for discovery after one of the defendants has filed an

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Answer to the complaint. At this stage of the proceedings, the defendants have not been served

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with process, and no defendant has appeared in this action. Therefore, it is not time for

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discovery in this action, and Plaintiff’s request for a subpoena form shall be denied, without

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prejudice to renewal of the motion at a later stage of the proceedings.
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For the reasons set forth above, IT IS HEREBY ORDERED that Plaintiff=s request for
the court to send him a subpoena form, filed on April 10, 2014, is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

April 11, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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